vs. United States District Court For The District Of Colorado Civil Action No. 11-cv-02560-MSK-MEH ORDER ON HBH’S MOTION FOR Rule 37 SANCTIONS AGAINST EEOC FOR FAILURE TO COMPLY WITH ORDER TO COMPEL
EEOC was ordered to produce lolz emails texts blogs utilizing a court- appointed special master
EEOC has made this endeavor... time consuming, laborious, 1 2 and
adversarial... 3
EEOC prematurely promised e-discovery without authority or had promises
Offending Conduct
1Did not use Special Master lolz Used EEOC employees for forensic discovery
2Changed position after cooperating
Conduct not sanctionable under most rules Rule 11 28 U.S.C. § 1927 37(d) 37(f) 37(b)
but... 16(f) Mulvaney v. Rivair Flying Serv., Inc., 744 F.2d 1438 (10th Cir. 1984) (en banc) delaying the trial burdening the taxpayers & impose only so much of a sanction as is necessary to ensure that the offending conduct stop is the grounds to reasonable fees in prosecuting this Motion will suffice for that purpose * The court quoted extensively from * order